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    Creditors at 341

    I was just wondering here. We haven't used credit in a long time (over a year). I stopped paying the credit card bills over a year ago, as per my lawyer's instructions. They are currently in collections. Anyway for various reasons, including a move to another state, we are just ready to file. Since so much time has passed, would the creditors even come to the 341? I'm just nervous about people objecting to things. I'm a wreck as is!

    #2
    I thought thy'd be lined up at our 341 hearing, but, alas, they were not.

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      #3
      Depending upon your type of debts, but if they were all unsecured credit cars, they most likely wont even bother, they just write it all off anyway.

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        #4
        We didn't have any creditors show up at our 341, and we had a "Pond Motion" in our filing.(second mortgage stripped)

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          #5
          I've read that Credit Unions tend to show up to get you to reaffirm a loan/debt, but other than that, I think you'll be fine.
          May 2008 Hired 1st Attorney/Stopped paying CCs
          May 21, 2009 Retained 2nd Attorney
          May 28th - Filed for Ch 7 (FINALLY!)
          9/11/09 - DISCHARGED!!!!

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            #6
            None at ours either. Asked my name, address and if all state and fed taxes were paid. Asked if there were any creditors present. Wished us good luck and that was it. Took less than five minutes. We had an objection by the Trustee later on but turned out they had the wrong account. Ended up sitting thru many proceedings until our case came up and the judge dismissed the objection anyway. Actually was quite educational to see how that part of the system operated.
            Filed 11/10/08

            Discharged 2/18/14

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              #7
              Most of them live by the expression "you can't beat a dead horse" aka "you can't get blood from a turnip"

              If they spend time going to a hearing, that's time they're spending not making money.

              Only creditors that usually show up are little namby pamby mom & pop creditors or fly-by-nights who aren't professional and haven't taken the time or due diligence to understand how the lending industry works.
              I do not provide legal advice. All I do here is give my two cents as an opinion and at least share some of the facts that I know. Attorneys can provide legal advice, so go ask them or hire one.

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                #8
                My 341 is 6/17. I sure hope no one shows up for our hearing. I was thinking about having my 18 year old go to the meeting with us so that they could see for themselves that he is a member of our household. That's been our biggest issue thus far is household size and median income. Our attorney says they tend to litigate adult children living at home. We shall see.
                CH13 filed 5/21/09; 341 6/17/09; confirmed 7/14/09]
                Discharged: 7/25/12

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                  #9
                  I don't think the creditor need to show up at the 341 meeting to object

                  They have the 60 days to do so...so it would be a waste of their time to even find a parking spot...

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                    #10
                    All a creditor has to do is file paperwork to get their share of assets in a BK, showing up does them no good unless they plan to object or dispute something, and even then, they need to file paperwork for this, attendance isn't really helpful for them in 99% of the situations. When I went to my 341, there was only 1 creditor there for ALL the people who were filing that morning, and it was someone's Dad and he was just there in case the trustee had questions about the legitimacy of his daughter owing him $.
                    Filed CH 13 September 17, 2007
                    Plan Modified July 8, 2009 from $1100/month to $400/month due to change in income, finally discharged in July of 2013!

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